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-   -   UK mot (https://britishexpats.com/forum/spain-75/uk-mot-591795/)

livit Mar 10th 2009 1:27 am

Re: UK mot
 

Originally Posted by Bengy (Post 7360510)
You are missing the point, I have a Spanish car, I have a Spanish Scooter, I have a UK Plated Motorhome which I do not want to export. I have a Uk home and a Holiday home in Spain, I do not always wan't to drag it back to Uk at a inconvenient time, just for a MOT. I do not want to re plate it, I want to keep it Uk Registered. If we are in a common EU, it is about time the uk fell in line.

If your resident in the UK, your motor home is legal on UK plates as long as it spends its time in the UK and travels too Spain, as you do.

You cannot leave it in Spain permanently.

Why so complicated.

Just follow your place of residency for the rules.

happyjeff Mar 10th 2009 2:34 am

Re: UK mot
 
your original question was =

"I need an mot soon and do not have the time to drive back to the uk. Can anyone help?"
......

There has been a lot of patronising towards you, and i hope that you may have got some "help", rather than being told what to do...or spoke down to...
anyway, if you cant drive back to the UK you could pay someone to drive there for you...

apart from that, if i was you, on forums id listen to those who sound sensible and not coming from a moral highground, ( which is typical isnt it)..personally id always revert back to the Law / a lawyer or such like...Otherwise you will find yourself at the mercy of peoples opinions, rather than fact...

so my friend, if anything written in these posts seems a little odd, then im sorry, go and get some legal advice, from a spanish lawyer, or there are many in Gibraltar who are familiar with EU law.

warm regards

mikelincs Mar 10th 2009 2:54 am

Re: UK mot
 
The post from DXF puts it succinctly. quote
It is illegal under EU law for a car to be insured in any other country that the one it is registered in.
This means that British insurance companies can only insure British cars,

The maximum time a British car can be legal in Spain is six months and it must have British insurance, British road tax and British M.O.T for the full six months.

unquote.

I just changed from Portugal to Spain. The only way you can prove the car hasn't been out of the UK for more than 6 months is to have ferry tickets with you. Don't forget in Spain it is up to you to prove that the car is legal in the country, the same would apply for other EU countries. The powers the Guardia have are all encompassing, they can, and do, impound the car at the point they have stopped you, you can then take you belongings out, but they will keep the car, you have to make your own way home and then return with the papers that PROVE the car is legally in Spain, no proof, no car back. It just isn't worth trying to circumvent the law.

I know someone who had moved over here, he was living in a house owned by his son, he had a UK reg BMW, he said he was going to matriculate it when it was due for taxing. BUT he couldn't, legally he wasn't living here, didn't have NIE or residency or padron, eventually he had to get rid of his BMW and get a Spanish second hand car where he didn't need to be on the padron. He was told all this originally, but he thought that as his son worked for an estate agent here he would sort it all out.

happyjeff Mar 10th 2009 3:20 am

Re: UK mot
 
i quote -- mikelincs

""It is illegal under EU law for a car to be insured in any other country that the one it is registered in."


so lets clear this up once and for all, legally and properlly, backed up with fact.
..............
Under free movement of goods and trade, a spanish company can set up office in the UK, and insure spanish cars in the uk.

The same goes for spain, British companies can be based in spain and insure british cars legally in spain.

"If you drive a British-registered car and spend over six months a year on the continent, you may need to take out a special (i.e. expensive) European insurance policy or obtain insurance with a European company. Another alternative is to insure with a British insurance company in Spain. Note that EU rules require all vehicles to be insured in their country of registration. For example, if you keep a British-registered car in Spain, you can insure it through the Spanish branch of a British-based insurance company, but you cannot insure it with a Spanish insurance company. Similarly, if you have a Spanish-registered car, it must be insured with a Spanish insurance company (or a foreign insurance company with an office in Spain). " taken from http://www.justlanded.com/english/Sp.../Car-Insurance

........................

What are the laws regarding motor vehicle insurance in Spain?

TAKEN FROM ABBEYGATES WEBSITE.

"Spanish Law is little different to the road traffic laws in other countries throughout member states of the European Union – all vehicles using the roads must be insured for third party liability risks. All Abbeygate Motor policies fully comply with the Regulations of all EU territories.

EU Regulations stipulate that vehicles must be insured by an Insurer licensed to operate in their country of registration. Abbeygate have products that are able to insure both UK and Spanish registered vehicles owned by expatriates in Spain. The Underwritters are allowed under the EU "Freedom of Services" Directive to cross border service from the UK and Gibraltar and thus can legally insure UK registered cars driven in Spain. The underwritters are "established" in Spain through the Spanish Regulatory Authority – the DGS – and therefore can also insure Spanish registered vehicles owned by expatriates living in Spain"

....

YOU CAN LEGALLY BE ON HOLIDAY IN SPAIN, OR RESIDE THERE FOR UP TO 6 MONTHS AS A HOLIDAY MAKER ETC...ETC... AND LEGALLY INSURE YOU, YOUR CAR YOUR HOUSE YOUR DOG WITH A BRITISH INSURANCE COMAPNY, SUCH AS ABBEYGATE INSURANCE.

HERE IS THERE WEBSITE http://www.abbeygateinsure.com/faq.html

jdr Mar 10th 2009 3:23 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7363706)
your original question was =

"I need an mot soon and do not have the time to drive back to the uk. Can anyone help?"
......

There has been a lot of patronising towards you, and i hope that you may have got some "help", rather than being told what to do...or spoke down to...
anyway, if you cant drive back to the UK you could pay someone to drive there for you...

apart from that, if i was you, on forums id listen to those who sound sensible and not coming from a moral highground, ( which is typical isnt it)..personally id always revert back to the Law / a lawyer or such like...Otherwise you will find yourself at the mercy of peoples opinions, rather than fact...

so my friend, if anything written in these posts seems a little odd, then im sorry, go and get some legal advice, from a spanish lawyer, or there are many in Gibraltar who are familiar with EU law.

warm regards

I think you are over acting a bit.
He has been told what he needs to do, that is take the test in the UK.
It is only you that is is not sounding sensible. ;-))

jdr Mar 10th 2009 3:29 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7363853)
The Underwritters

I wouldn`t trust anyone that sent out a legal letter that could not spell. :rofl:
The car has to have a UK MOT valid.
The Insurance certificate has to have a UK address on it.
They will willingly take your money, as it`s not their fault if you don`t supply the right information when you take out the policy. ;);)

happyjeff Mar 10th 2009 3:30 am

Re: UK mot
 
i quote -- mikelincs

""It is illegal under EU law for a car to be insured in any other country that the one it is registered in."



under free movement of goods and trade, a spanish company can set up office in the UK, and insure spanish cars in the uk.

The same goes for spain, British companies can be based in spain and insure british cars legally in spain.

"If you drive a British-registered car and spend over six months a year on the continent, you may need to take out a special (i.e. expensive) European insurance policy or obtain insurance with a European company. Another alternative is to insure with a British insurance company in Spain. Note that EU rules require all vehicles to be insured in their country of registration. For example, if you keep a British-registered car in Spain, you can insure it through the Spanish branch of a British-based insurance company, but you cannot insure it with a Spanish insurance company. Similarly, if you have a Spanish-registered car, it must be insured with a Spanish insurance company (or a foreign insurance company with an office in Spain). " taken from http://www.justlanded.com/english/Sp.../Car-Insurance

........................

What are the laws regarding motor vehicle insurance in Spain?

TAKEN FROM ABBEYGATES WEBSITE.


"Spanish Law is little different to the road traffic laws in other countries throughout member states of the European Union – all vehicles using the roads must be insured for third party liability risks. All Abbeygate Motor policies fully comply with the Regulations of all EU territories.

EU Regulations stipulate that vehicles must be insured by an Insurer licensed to operate in their country of registration. Abbeygate have products that are able to insure both UK and Spanish registered vehicles owned by expatriates in Spain. The Underwritters are allowed under the EU "Freedom of Services" Directive to cross border service from the UK and Gibraltar and thus can legally insure UK registered cars driven in Spain. The underwritters are "established" in Spain through the Spanish Regulatory Authority – the DGS – and therefore can also insure Spanish registered vehicles owned by expatriates living in Spain"

....

YOU CAN LEGALLY BE ON HOLIDAY IN SPAIN, OR RESIDE THERE FOR UP TO 6 MONTHS AS A HOLIDAY MAKER ETC...ETC... AND LEGALLY INSURE YOU, YOUR CAR YOUR HOUSE YOUR DOG WITH A BRITISH INSURANCE COMAPNY, BASED IN SPAIN, ONE SUCH COMPANY IS CALLED ABBEYGATE INSURANCE.

HERE IS THERE WEBSITE http://www.abbeygateinsure.com/faq.html

jdr Mar 10th 2009 3:51 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7363897)
i quote -- mikelincs

""It is illegal under EU law for a car to be insured in any other country that the one it is registered in."



under free movement of goods and trade, a spanish company can set up office in the UK, and insure spanish cars in the uk.

The same goes for spain, British companies can be based in spain and insure british cars legally in spain.

"If you drive a British-registered car and spend over six months a year on the continent, you may need to take out a special (i.e. expensive) European insurance policy or obtain insurance with a European company. Another alternative is to insure with a British insurance company in Spain. Note that EU rules require all vehicles to be insured in their country of registration. For example, if you keep a British-registered car in Spain, you can insure it through the Spanish branch of a British-based insurance company, but you cannot insure it with a Spanish insurance company. Similarly, if you have a Spanish-registered car, it must be insured with a Spanish insurance company (or a foreign insurance company with an office in Spain). " taken from http://www.justlanded.com/english/Sp.../Car-Insurance

........................

What are the laws regarding motor vehicle insurance in Spain?

TAKEN FROM ABBEYGATES WEBSITE.


"Spanish Law is little different to the road traffic laws in other countries throughout member states of the European Union – all vehicles using the roads must be insured for third party liability risks. All Abbeygate Motor policies fully comply with the Regulations of all EU territories.

EU Regulations stipulate that vehicles must be insured by an Insurer licensed to operate in their country of registration. Abbeygate have products that are able to insure both UK and Spanish registered vehicles owned by expatriates in Spain. The Underwritters are allowed under the EU "Freedom of Services" Directive to cross border service from the UK and Gibraltar and thus can legally insure UK registered cars driven in Spain. The underwritters are "established" in Spain through the Spanish Regulatory Authority – the DGS – and therefore can also insure Spanish registered vehicles owned by expatriates living in Spain"

....

YOU CAN LEGALLY BE ON HOLIDAY IN SPAIN, OR RESIDE THERE FOR UP TO 6 MONTHS AS A HOLIDAY MAKER ETC...ETC... AND LEGALLY INSURE YOU, YOUR CAR YOUR HOUSE YOUR DOG WITH A BRITISH INSURANCE COMAPNY, BASED IN SPAIN, ONE SUCH COMPANY IS CALLED ABBEYGATE INSURANCE.

HERE IS THERE WEBSITE http://www.abbeygateinsure.com/faq.html

I am sure I read this somewhere before a little while ago. ;-)

They will say anything as they are trying to sell to you.

Mitzyboy Mar 10th 2009 5:18 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7363706)

There has been a lot of patronising towards you, and i hope that you may have got some "help", rather than being told what to do...or spoke down to...
anyway, if you cant drive back to the UK you could pay someone to drive there for you...

apart from that, if i was you, on forums id listen to those who sound sensible and not coming from a moral highground, ( which is typical isnt it)..personally id always revert back to the Law / a lawyer or such like...Otherwise you will find yourself at the mercy of peoples opinions, rather than fact...

I guess as long as sensible doesnt mean "what you want to hear". I dont think people are talking down to the OP. Just because sometimes people dont hear what they want to on the forums doesnt mean that they are not sensible replies just because you dont agrre.

snikpoh Mar 10th 2009 6:30 am

Re: UK mot
 

Originally Posted by morro (Post 7289883)
I need an mot soon and do not have the time to drive back to the uk. Can anyone help?


Let's get back to the question

Answer: - You really only have one option. If you personally do not have the time to go back, then you have to find someone who does.

To get an MOT it MUST be done in UK and, clearly, the vehicle has to be there!

END OF!!!!!

mikelincs Mar 10th 2009 6:49 am

Re: UK mot
 

Originally Posted by snikpoh (Post 7364520)
Let's get back to the question

Answer: - You really only have one option. If you personally do not have the time to go back, then you have to find someone who does.

To get an MOT it MUST be done in UK and, clearly, the vehicle has to be there!

END OF!!!!!

Which is what most people on here have been telling him.

happyjeff Mar 10th 2009 6:49 am

Re: UK mot
 

Originally Posted by jdr (Post 7363958)
I am sure I read this somewhere before a little while ago. ;-)

They will say anything as they are trying to sell to you.

they are a highly reputable company, and operate within the law, they are "saying anything in order to make a quick sale"

if they fail foul of the spanish law they certainly would loose there license, they are also regulated by the FSA FINANCIAL SERVICES INDUSTRY.

happyjeff Mar 10th 2009 6:52 am

Re: UK mot
 
i quote -- mikelincs

""It is illegal under EU law for a car to be insured in any other country that the one it is registered in."

................

as a moderator here on this forum, i just want to ask you a question mikelincs, do you still stand by the above quote?

if so, why would you missinform members of this forum?

people here rely on serious and factual information being given. please remember to back up anything you say which could potentially lead someone down a legal wrong path....

i do find it worrying that you said the above sentence...

jdr Mar 10th 2009 7:09 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7364577)
they are a highly reputable company, and operate within the law, they are "saying anything in order to make a quick sale"

if they fail foul of the spanish law they certainly would loose there license, they are also regulated by the FSA FINANCIAL SERVICES INDUSTRY.

I just wonder what the UK police would say if they pulled up a UK car and it had Spanish insurance on it.
It has to be taxed MOT`d and insured in the country of registration.
If your car is illegal in the UK then the insurance is void, same here if the car is in Spain illegally.
I am still waiting for your link to where you said your lawyer said it was OK.

rugbymatt Mar 10th 2009 7:17 am

Re: UK mot
 

Originally Posted by happyjeff (Post 7364593)
i quote -- mikelincs

""It is illegal under EU law for a car to be insured in any other country that the one it is registered in."

................

as a moderator here on this forum, i just want to ask you a question mikelincs, do you still stand by the above quote?

if so, why would you missinform members of this forum?

people here rely on serious and factual information being given. please remember to back up anything you say which could potentially lead someone down a legal wrong path....

i do find it worrying that you said the above sentence...

Over my cold dead body!


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